Special Rapporteur on Rights of Women

INTERSESSION REPORT OF THE
MECHANISM OF THE SPECIAL RAPPORTEUR ON THE RIGHTS OF WOMEN IN AFRICA SINCE ITS
ESTABLISHMENT

Ms Soyata MAIGA

Commissioner, Special Rapporteur
on the Rights of Women in Africa

52nd Ordinary Session
of the African Commission on Human and Peoples’ Rights

Yamoussoukro - CÔte
d’Ivoire,

9 - 22 October 2012

I-Introduction

1.The present
report is part of the celebration of the 25th anniversary of the
African Commission on Human and Peoples’ Rights (the Commission). It is presented
in accordance with Rule 23(3) of the Rules of Procedure of the Commission and takes into account the recommendations made by the
Commission during its 12th Extraordinary Session held in Algiers in
July 2012.

2.The
report outlines the progress made by the Mechanism of the Special Rapporteur on
the Rights of Women in Africa (III), challenges faced (IV) and plans for
ensuring greater protection of women’s rights in Africa (V).

II – Establishment
of the Mechanism of the Special Rapporteur on the Rights of Women in Africa

3.The Mechanism of the Special Rapporteur on the Rights of Women is one of
the oldest mechanisms of the Commission. It was established during the 23rd
Ordinary Session held in Banjul, The Gambia. Its establishment is in line with
the Commission’s firm determination to promote the rights of women and girls and
combat the discrimination and injustice that they continue to experience on the
continent.

4.Over the years, the Mechanism has been chaired by three Commissioners and there
have been a few amendments to its mandate. Its work, however, is mainly guided
by the African Charter on Human and Peoples’ Rights (African Charter), the
Maputo Protocol, the Heads of State’s Solemn Declaration on Gender Equality in
Africa and international conventions relating to the rights of women and
children duly ratified by African States.

As such, the present
mandate of the Mechanism is to, among other things:

- assist African governments in
developing and implementing national policies to promote and protect women’s
rights in Africa, in accordance with the domestication of the Maputo Protocol
and general harmonisation of domestic laws with the rights enshrined in the
said Protocol;

-undertake
promotion and fact-finding missions to African countries which are AU Member
States with a view to publicizing AU human rights instruments and investigating
the situation of women’s rights in the countries visited;

-monitor
the implementation by States Parties of the African Charter on Human and
Peoples’ Rights and its Protocol on
the Rights of Women in Africa, in particular by preparing reports on the
situation of women’s rights in Africa and proposing recommendations to be
adopted by the Commission;

-where
necessary, draft resolutions on the situation of women in African countries and
propose them to the members of the Commission for adoption;

-conduct a
comparative study on the situation of women’s rights in African countries;

-establish
guidelines for State reporting in order to enable Member States to better
address issues relating to women’s rights in their periodic and/or initial
reports submitted to the African Commission.

This mandate was renewed five times with the adoption of Resolution 63
at the 34th Ordinary Session, Resolution 78 at the 38th
Ordinary Session, Resolution 112 at the 42nd Ordinary Session,
Resolution 154 at the 46th Ordinary Session and Resolution 205
at the 50th Ordinary Session.

By
Resolution ACHPR/RES.38 (XXV) 99 adopted at the 25th Ordinary
Session held from 26 April to 5 May 1999 in Bujumbura, Burundi, the
Commission appointed its very first Special Rapporteur on the Rights of
Women in Africa, Honourable Commissioner Julienne Ondziel Gnelenga of the
Republic of Congo.

She was
succeeded by Honourable Commissioner Angela Melo of the Republic of Mozambique
who was appointed during the 30th Ordinary Session held in
October 2001 in Banjul, The Gambia, and Honourable Commissioner Soyata
Maïga of the Republic of Mali who was appointed during the 42nd
Ordinary Session held in November 2007 in Brazzaville, Republic of Congo.

III – Progress
made by the Mechanism since its establishment

A-Monitoring the drafting, adoption and ratification of the Maputo Protocol

The Maputo Protocol is
the reference legal instrument of the African system for the promotion and
protection of women’s rights. It was adopted on 11 July 2003 at the 2nd
Ordinary Session of the African Union held in Maputo, Mozambique, and
entered into force on 25 November 2005.

The document was adopted thanks to the
relentless and concerted efforts of the Mechanism’s pioneer chairperson,
African civil society organisations, government representatives and
technical and financial partners involved in the promotion of women’s
rights.

The work of drafting the Protocol was
done in each region of Africa through the organisation of workshops and
seminars during which clarifications, improvements and amendments were
made to the initial document. This phase was led by the Mechanism up to
the meetings of government experts that were held prior to the adoption of
the instrument in July 2003.

In order to speed up the entry into force
of the Protocol after its adoption and promote its ratification across the
continent, the Mechanism conducted an effective and constant advocacy campaign
among the ministries of foreign affairs/external relations and parliaments
of AU Member States through country missions and by sending notes verbales
to diplomatic missions, as well as during the presentation of State
periodic reports before the Commission in accordance with the African
Charter.

As a result, after nine (9) years since
its adoption, forty-seven (47) AU Member States out of fifty-three (53) have
signed the Protocol and thirty-four (34) have successfully ratified it. These countries include: Angola, Benin,
Burkina Faso, Cameroon, Cape Verde, DRC, Comoros, Côte d’Ivoire, Djibouti,
The Gambia, Ghana, Guinea-Bissau, Equatorial Guinea, Liberia, Libya,
Lesotho, Mali, Malawi, Mozambique, Mauritania, Namibia, Nigeria, Uganda,
Rwanda, South Africa, Senegal, Gabon, Congo, Seychelles, Tanzania, Kenya,
Togo, Zimbabwe and Zambia. Two States, Cameroon and Congo, have ratified
the Protocol and are on the point of depositing their instruments of
ratification.

B- Drafting
the Guidelines for State Reporting under the Maputo Protocol

According to the provisions of Article 26
of the Maputo Protocol, “States Parties shall ensure the implementation of this Protocol at
national level, and in their periodic reports submitted in accordance with
Article 62 of the African Charter, indicate the legislative and other
measures undertaken for the full realisation of the rights herein
recognized”.

In order to encourage States that have
ratified the Protocol to honour their obligations, the Mechanism, with the
support of the Centre for Human Rights of the University of Pretoria, led
the drafting of the Guidelines for State Reporting under the Maputo
Protocol.

The Guidelines were adopted by the African
Commission during its 46th Ordinary Session held from 11 to 25
November 2009 in Banjul, The Gambia. The document is an instrument for
measuring the level of enjoyment of the rights of women and girls

C- Organisation of the first regional
conference on women’s rights in Africa

17. The Mechanism initiated the
organisation of the first regional conference of the African Commission that
was held in July 2010 in Bamako, Mali, under the theme: “The Role of the
African Commission in the Promotion and Protection of the Rights of Women in
Africa”. The conference brought together over 85 participants from 18 West and
North African countries representing States Parties, national human rights
institutions, national and regional women’s NGOs, and UN human rights
agencies.

18. The overall objective of the conference
was to highlight the role the African Commission can play in promoting women’s
rights in Africa and raise awareness about the Commission’s protection mandate
through its procedure of communications/complaints. The conference served as a
forum for establishing networks among the various partners and ensuring visibility
of the work of the Mechanism.

D- Collaboration
between the Mechanism and States Parties

19. As part of its mandate to publicize the Maputo Protocol and African and
international instruments to protect women’s rights, as well as investigate the
general situation of women’s rights in the various countries, the Mechanism was
invited to participate in several seminars and workshops and undertook missions
to the following countries: Tunisia,
Ethiopia, Mauritania, DRC, Angola, Congo, Niger, Algeria, Libya, Burkina Faso and Cameroon.

20. Through these missions, it was noted that despite the challenges in
promoting and protecting women’s rights, significant progress has been made in
several areas. Recommendations were made to the highest authorities and other
stakeholders with a view to improving the level of enjoyment of women’s rights.

21. With regard to collaboration with States Parties, it should be noted
that the Government of South Africa supported the mechanism by providing an
Assistant and a special fund.

E- Implementation
by States Parties of the provisions of the Maputo Protocol

22. During its missions and thanks
to its meetings with States Parties, the Mechanism has made concrete progress
in the protection of women’s rights, particularly with regard to legislation.
As such, several States Parties have adopted a Code of Persons and the Family
reflecting gender equality, laws on reproductive health, laws on the protection
of women against HIV/AIDS, laws on domestic and/or sexual violence, laws on
equality or quotas, and laws to promote the education of girls and female literacy.

23. Several governments now have full-fledged ministries to empower women,
children and the family. Most countries have adopted and implemented national
gender policies, national action plans for the promotion of the rights of women
and the family, national action plans for implementing UN Resolution 1325, and
relevant sectoral policies in the area of maternal and child protection. With
regard to socioeconomic achievements, several countries have adopted ambitious
action plans to alleviate poverty among
women by establishing funds for women’s empowerment and initiating land reforms
with the aim of promoting women’s access to social housing , land and
agricultural loans.

F- Collaboration
between the Special Rapporteur, its counterpart UN mechanism and
intergovernmental institutions working to promote and protect women’s rights

24. These partners include the
ECOWAS Gender Development Centre, the International Development Research Centre
(IDRC), Ottawa, Canada, the Centre for Law and Democracy, Montreal, Canada, and
the Office of the UN Special Rapporteur on Violence against Women, Its Causes
and Consequences.

25. As part of its collaboration with
the ECOWAS Gender Development Centre, the Mechanism was given the task in 2009
to facilitate and coordinate the conduct of a survey in the 15 ECOWAS countries
with the objective of identifying discriminatory practices and laws affecting
women and making recommendations with a view to harmonising domestic laws with
the Maputo Protocol and CEDAW.

26. The Mechanism also played an
important role in 2010 in the drafting and adoption of the ECOWAS regional action
plan for implementing UN Resolution 1325 on women’s participation in armed
conflicts.

27. With regard to collaboration with
the IDRC, the Mechanism, in 2011, led the Science Advisory Board in charge of coordinating
a survey on the political participation of girls in the following four
countries: Mali, Burkina Faso, Senegal and Togo. The project included the
organization of national seminars on the presentation of the outcome of surveys
and the development of a road map to promote the full participation of girls in
the electoral processes of the countries concerned.

28. The Mechanism was involved in
several activities of the Centre for Law and Democracy, Canada, in the area of
strengthening women’s rights in the Great Lakes countries and particularly on
the issue of gender-based violence in the DRC.

29. As a result, in 2008, the
Mechanism shared the findings of a mission on sexual violence that was
undertaken to the DRC by the UN Special Rapporteur on Violence against Women,
Its Causes and Consequences at the initiative of the Centre for Law and
Democracy. During the occasion, the two mechanisms met with Members of
Parliament and NGOs and gave lectures to Canadian students on violence against
women and the impact of their respective mandates on the protection of women’s
rights in Africa.

30. Since then, the two mechanisms
of the African Commission and the UN have strengthened their collaboration by
exchanging information on country missions and the situation of women in
countries in conflict, particularly on the violation of women’s rights in Côte
d’Ivoire, Guinea and recently in Mali.

G-
Collaboration between the Mechanism and civil society organisations

GIMAC

31. – Since 2007, the Mechanism of the
Special Rapporteur has been working in close collaboration with GIMAC (Gender is my Agenda Campaign) and
contributes its expertise during deliberations on women’s rights and the formulation
of recommendations to Heads of State and Government. GIMAC is a platform which
brings together a network of regional and international civil society
organisations advocating for the integration of gender into policies and
programmes in Africa.

32. This platform which meets prior to
each AU Summit has played an important role in the campaign for a
continent-wide ratification of the Maputo Protocol and the assessment of the
implementation of the Solemn Declaration on Gender Equality in Africa in six strategic areas (health, education, human rights, peace and
security, women’s empowerment, political governance and women’s representation)
with an impact on the lives of women.

33. Still with regard to GIMAC, the
Mechanism was chosen as an ad hoc member of the Gender Award Selection Committee which presents an award, every two
years, to African Heads of State who distinguish themselves by promoting gender
through the enactment of laws and adoption of programmes and policies in the
area of gender. The prize has been awarded to Presidents Abdoulaye Wade of Senegal,
Thabo Mbeki of South Africa, Paul Kagamé of Rwanda, Armando Emílio Guebuza of Mozambique and Helen
Sirleaf Johnson of Liberia.

FIDH

34. The Mechanism of the Special
Rapporteur has been collaborating with FIDH since 2009 on the international
campaign launched by the NGO to promote the rights of women in Africa with the
objective of expediting the ratification of the Maputo Protocol throughout the
continent towards its effective implementation and an African continent worthy
of women.

IPAS

35. IPAS is an NGO with observer
status with the African Commission working at the international and African
level on issues relating to reproductive health and other complications related
to unsafe abortion. It contributes significantly to the work of the Special
Rapporteur with regard to promoting women’s reproductive rights in accordance
with the Maputo Protocol.

36. In 2010 and 2012, IPAS organised
two retreats on women’s reproductive health in Nairobi for Commissioners and
Secretariat staff of the African Commission. The retreats were attended by
doctors, experts and activists working to promote women’s reproductive rights
in Africa. The objective was to share information with the Commission on the
appropriate strategies to enable African States to improve the reporting of
their obligations under the Maputo Protocol.

The Centre
for Human Rights of the University of Pretoria

37. The Mechanism collaborates
with the Centre for Human Rights of the University of Pretoria which provided
significant support in the preparation of the Guidelines for State Reporting under
the Maputo Protocol. In addition, the Centre is assisting the Special
Rapporteur on other ongoing projects relating to its mandate, in particular the
development of general principles in accordance with the provisions of Article
14 of the Maputo Protocol.

H – Active
involvement of the Special Rapporteur in combating violence against women

38. The Special Rapporteur was actively involved in combating violence
against women. Special emphasis was laid on the situation of women in
detention, harassed women journalists, and women victims of post-electoral
violence. Its activities include urgent appeals, statements and letters sent to
the authorities of the States Parties concerned. Mixed results were noted which
calls for more of such activities.

I - Publications

39. As part of its mandate, the Special Rapporteur
coordinated studies on women’s rights, wrote several articles and prefaces of
documents, guides and reports relating to women’s rights at the invitation of
NGOs and intergovernmental and international organisations. It has published
statements on a regular basis every March 8, International Women’s Day, and
every July 31, Pan-African Women’s Day, ensuring to make a link between the
theme of the ceremony and the relevant provisions of the Maputo Protocol and
the AU Solemn Declaration on Gender Equality in Africa. Its publications are
widely disseminated by the Secretariat of the African Commission in order to
raise awareness about women’s rights among a large number of women.

40. Since its establishment, the Mechanism of the Special Rapporteur on the
Rights of Women in Africa has accomplished a lot in collaboration with other
mechanisms of the African Commission and the UN system, States Parties,
national human rights institutions and NGOs. However, there were some
difficulties and much is still to be done in order to ensure greater protection
of the rights of women and girls in Africa.

IV- Difficulties
faced by the Mechanism

A – Low
ratification rate by States of the Maputo Protocol and delays in depositing the
instruments of ratification

B- Non-compliance
by States Parties with the Guidelines for State Reporting under Article 26 of
the Maputo Protocol

42. It was noted that since the entry into force of the Maputo Protocol in
November 2005, no State Party has taken into account, when writing its periodic
report in accordance with Article 62 of the African Charter, the guidelines
established by the African Commission regarding the legislative and other
measures adopted in relation to the Protocol.

43. This issue has been regularly noted by the Special Rapporteur during
the presentation by States Parties of their periodic reports before the African
Commission as an obstacle to the effective monitoring of the implementation of
the provisions of the Maputo Protocol.

C –
Insufficient collaboration between the Special Rapporteur and the AU Gender Directorate

44. Even though its collaboration with the AU Gender Directorate has been
commended earlier, it is true that such collaboration is insufficient. Being
the two main AU mechanisms in the area of promoting women’s rights in Africa,
it would be expected to see the Mechanism and the AU Gender Directorate working
in close collaboration, both in terms of constant information sharing and
undertaking country missions and other activities in order to realize their
common objectives.

45. There is need for the two institutions to work together in order to
give impetus to their activities in an area where there are daily setbacks and
achievements are marred by the various crises occurring in Africa and which
affect women in particular.

V
– Some observations on the challenges faced in protecting women’s rights

46 –
An assessment of the implementation of the commitments made by States Parties
under the African Charter, the Maputo Protocol and the AU Solemn Declaration on
Gender Equality in Africa in the area of promoting and protecting women’s
rights, both at the local, national and regional levels, shows that despite the
existence of these relevant instruments, the situation of women’s rights
remains a source of constant concern.

47 – In the area of peace and security, despite the commitments
contained in UN Resolution 1325, women’s representation in armed and security
forces and in peacekeeping operations is still very low.

48 –
As such, States Parties have to implement sensitisation programmes for African
troops on gender issues and appoint women as mediators and/or special envoys to
participate in ongoing peace negotiations in Africa, particularly in Darfur,
Somalia and Zimbabwe.

49 – With regard to gender-based violence, particularly in conflict
countries, prevention and the protection of women against sexual violence and
exploitation are inadequately ensured by the police and the public justice
service. Moreover, NGOs working for the restoration of the dignity of women and
to combat impunity conduct their activities without the necessary resources,
such as is the case in the DRC, and often at the risk of the physical integrity
and lives of their members. In addition, the victims seldom benefit from the
necessary legal assistance.

50
– States Parties have to take the necessary measures to strengthen the judicial
system, ensure the effective implementation of laws and implement programmes to
provide psychological support, legal assistance, and socioeconomic
reintegration assistance to women victims of violence.

51 –
Regarding women’s human rights, it should be noted that States Parties to
the Protocol are taking long to harmonise some of their domestic laws with the
provisions of the Protocol. As a result, it has been noted that there are still
discriminatory laws and legislative gaps in crucial areas such as inheritance,
access to land, marriage and custody of minors.

52 – Moreover, in spite of the training programmes for
magistrates and lawyers on women’s rights conducted in almost all countries,
the regional and international conventions that have been duly ratified by
States are rarely invoked in courts, thereby making their implementation
difficult and their impact very limited regarding the elimination of violence
and discrimination against women and girls.

53.
It is urgent for the ratification process to be expedited and followed by the
domestication and effective implementation of the Protocol and other relevant
legal instruments. This requires that States have to exercise greater political
will and that other relevant stakeholders should develop more synergies and
strategies. There is therefore the need to continue to form alliances and
coalitions for the protection of women’s rights in the various regions of
Africa.

54 –In
the area of health, in spite of the commitments made by States Parties
contained in plans, policies, programmes and declarations on malaria, HIV/AIDS,
tuberculosis and other infectious diseases, negative social, cultural, economic
and legal factors continue to threaten the lives and health of a large number
of women and girls in our countries.

55 –
Maternal death rate related to pregnancy and childbirth in Africa is still one
of the highest in the world despite the adoption of legislation and corrective
measures to protect the lives of women.

56.
The situation is even worse in rural areas and requires greater mobilisation
efforts by the international community and States Parties, the enactment of
legislation to protect women with HIV/AIDS from all forms of discrimination,
and the establishment of mechanisms to ensure their full participation in the process
of providing access to health care and antiretroviral treatment.

57
–In the area of education, despite the concrete progress made by some
countries, the problem of the education of girls and ensuring their school attendance
beyond primary education remains unresolved. This requires, within the
framework of attaining the MDGs and the objectives of the education for all
campaign, greater commitment and financial resources from States Parties and
greater involvement of communities, teachers and parents.

58 – With regard to access to land and productive
resources, as a result of the traditional management of land and the existence of
cultural stereotypes, access, control and exploitation of land and productive
resources by women is limited and insufficiently regulated. It is for this
reason that African women, through the Gender is my Agenda Campaign, made an
important recommendation to the 11th Ordinary Session of the
Assembly of Heads of State and Government to organise a continental roundtable
on the Africa Land Policy Guidelines.

59. Among the challenges, it is worth mentioning the existence of harmful
traditional practices such as female genital mutilation, early marriage and the
acceptance by women and communities of domestic violence and forced early marriages
despite the existence of laws. Other factors restricting women’s empowerment
include their low representation in elective positions and decision-making
institutions, particularly in the magistracy, police, diplomacy and management.

VI- Plans for greater
effectiveness of the Mechanism of the Special Rapporteur on the Rights of Women
in Africa

A – Concrete and effective involvement of Member States

60. States play a crucial role in the promotion and protection of women’s
rights in Africa. All efforts will go in vain without the concrete and
effective willingness of Member States.

61. States Parties to the Protocol
have to honour their international and regional commitments by implementing the
provisions of the Protocol, in particular by harmonising their domestic laws
and enacting new laws to replace laws in which discrimination against women in
law and in fact exists, as well as establishing mechanisms to monitor the
effective implementation of laws to benefit women.

62. Moreover, the Mechanism plans to strengthen its collaboration with
States Parties, establish dialogue with the relevant institutions, NHRIs and
NGOs in order to promote the exchange of views on best practices with regard to
eliminating laws and practices that create discrimination against women and
girls in Africa.

B- Strengthening collaboration
with international and regional mechanisms to protect women’s rights

63. The Special Rapporteur is already working with
the support of a good number of mechanisms in charge of issues relating to
women’s rights. However, its collaboration has to be strengthened, in
particular with the UN Special Rapporteur and the AU Gender Directorate.

C- Publicizing the work and
mandate of the African Commission and its subsidiary mechanisms

64. The African Commission and its subsidiary mechanisms, as well as
African legal instruments to promote and protect human and women’s rights in
particular are not well known among government and other stakeholders at the
country level. There is need to conduct awareness campaigns on these
instruments and the work of the African Commission and its mechanisms at the
regional and national levels.

65. Moreover, African NGOs should be encouraged to participate massively in
the meetings of the Commission with the support of States and financial
partners.

The need to increase the
financial resources of the African Commission

66. The financial difficulties faced by the African Commission restrict its
mechanisms from constantly developing their activities. These constraints create
obstacles to the promotion and protection of women’s rights in Africa.

67. It goes without saying that the Mechanism of
the Special Rapporteur cannot succeed in its mandate without the collaboration,
assistance and support of the AU, governments, technical and financial
partners, NGOs and NHRIs.

D- Enhancing protection of the
lives of women and girls through the establishment of a Working Group on
Reproductive Health in Africa

68. Women’s reproductive health is a major concern in
Africa. Out of 5 million abortion cases every year worldwide, 4.2 million cases
occur in Africa resulting in the death of close to 30,000 women. In some
African countries, these deaths account for 20% to 40% of maternal mortality.

69. As such, as a result of this avoidable tragedy,
it is urgent to establish a Working Group which will strengthen the mandate of
the Mechanism of the Special Rapporteur and will be tasked, among other things,
to conduct concrete studies on reproductive health barriers in Africa, work
with experts and propose to States Parties best practices and appropriate
strategies to better protect the lives of women and resolve
reproduction-related complications.

VI-Conclusion

Since its establishment, the Mechanism of the Special Rapporteur on the
Rights of Women in Africa has conducted activities that have been very
successful. The various chairpersons of the Mechanism made significant
contributions. They all worked relentlessly to achieve their mission with
efficiency, devoted commitment and self-sacrifice in order to promote and
protect women’s rights.

Today, one can be proud of the visibility and importance of the Mechanism
of the Special Rapporteur thanks to the combined and continued efforts. The
promotion and protection of the rights of women and girls in Africa should be
considered a priority for the sustainable development and future of the
continent. It is worth noting that there is now a real and effective awareness at
a high level about eliminating disparities between girls and boys and men and
women as well as combating inequalities in families and at the work place, in
particular regarding access to and participation in economic and political
decision-making.

8 March 2011 marked the 100th anniversary of International
Women’s Day. As usual, an update on the global situation of women’s rights was
presented at the UN General Assembly.

On that occasion, the UN Secretary-General deplored in his message the fact
that girls and women continue to experience unacceptable discrimination and
violence, particularly in conflict zones where sexual violence is deliberately
and systematically used to intimidate women and whole communities.

Even though the vast majority of this category of vulnerable people lives
in Africa, the situation should not be considered as unavoidable. Everything is
possible if we show willingness and contribute the necessary financial and
other resources.